An appeal of a Supreme Court ruling against Langley Township will go ahead, although Langley Township council has a legal opinion stating that its subsequent re-approval of the Coulter Berry project is sound.
The councilâ€™s decision to re-approve development of the Coulter Berry building in Fort Langley is legally sound, according to lawyers at Bull Housser LLP, and complies with directions outlined by a Supreme Court judge to make the decision legal.
Late last year, Justice Groves of the BC Supreme Court overturned a Heritage Alteration Permit the Township had issued to allow construction of a three-storey, mixed-use, LEED-certified building at Glover Road and Mavis Avenue
The judge added, however, that the council was still open to amend the zoning bylaw â€œin the usual way.â€
Following the Groves decision, Coulter Berryâ€™s developer applied to amend the bylaw, and re-applied for the Heritage Alteration Permit, after making changes to the proposed building plans.
As part of the process, and after a lengthy public hearing, the Township amended the Fort Langley Official Community Plan Bylaw with a fourth reading on April 28, also ratifying amendments to the Facade Guidelines, and issued a new Heritage Alteration Permit for the development.
Despite the Townshipâ€™s compliance with the court ruling, Coulter Berry opponents are continuing to challenge the decision to proceed with the development.
In response, the Township sought a legal opinion from the law firm of Bull Housser LLP, and received assurances that the it is now in compliance with the court ruling and all other requirements.
â€œThe Township is bound to follow the ruling of Justice Groves, and we are doing so,â€ said Mayor Jack Froese. â€œHowever, we have concerns about that ruling, and will be appealing the judgeâ€™s decision to originally overturn the Heritage Alteration Permit.â€
The Townshipâ€™s appeal has been set for June 24.